Environmental justice and climate justice: Progressive principles configured from judicial participation in Colombia
The jurisprudence of the Colombian Judiciary gathers reasons for decisions that show the configuration of environmental justice and climate justice as emerging guiding principles in national environmental law. Due to their consolidation, the question arose as to what scope and consequences these principles acquire as a result of the exercise of judicial participation, a problem from which the objective of analyzing the scope and consequences that emanate from them as a result of judicial participation was derived. To this end, a methodology based on the qualitative model was proposed, supported by the socio-legal approach, with the application of the hermeneutic method and the study of judicialized cases of socio-environmental conflicts, which gave rise to an introductory theoretical construction of the category of socio-environmental conflict, the basis for the elaboration of a frame of reference on participation, environmental justice and climate justice, which resulted in the apprehension of socio-environmental conflicts that have reached the courts in which climate justice has been configured hand in hand with environmental justice, and have led to the recognition of the rights of nature and the principle of transpersonalization of law.
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| Format: | Digital revista |
| Language: | spa |
| Published: |
Centro de Derecho Ambiental, Facultad de Derecho, Universidad de Chile
2023
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| Online Access: | https://revistaderechoambiental.uchile.cl/index.php/RDA/article/view/70119 |
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